Member of the Legislative Assembly: Know Qualification, Privileges & More

Written by Rayden Sam Posted on

In the Indian Constitution, articles 168 to 212 in part 6 of the constitution deal with the composition, tenure of the functionaries, powers, and privileges of the members of the state legislature.

Lagislative Assembly

Introduction

In most of the states of India, there is a unicameral system, where there is only one house, the state Legislative Assembly. Some states have a bicameral legislature, that is a Legislative Assembly, the people’s representative’s house, and a Legislative Council, the members of which are selected by a particular procedure and represent different segments of the society. MLAs represent the Assembly and the others are MLCs.

Qualifications

  • A person should be at least 25 years of age.
  • He / She should be a citizen of India.
  • The person should take an oath that the person has true faith and allegiance to the Constitution.
  • The person should take an oath that he will uphold the sovereignty and integrity of India.
  • A person should have qualifications that are laid down by the Parliament, by law, and must be registered as a
  • voter in any one of the constituencies of India.
  • The Person who is contesting from the reserved seat must belong to the Scheduled Caste or Scheduled Tribe Category.

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Disqualification

  • If the elected person holds any office of profit under the Union or state government.
  • If a person is of unsound mind.
  • If a person is not a citizen of India.
  • If a person is disqualified under any law made by Parliament.

Representative Act of People’s Act, 1951

  • If a person is found guilty of corruption.
  • If a person is convicted for any offense resulting in imprisonment, under preventive detention law.
  • If a person has been dismissed from government service for disloyalty.
  • If a person is convicted of the offense of bribery.
  • If a person is punished for social crimes such as untouchability and sati.

Privileges of MLA

  • They cannot be arrested during the session for the day before the session and 40 days after the session.
  • They have freedom of speech in the assembly.
  • Exemption from jury service and can refuse to give evidence or appear as a witness at the time of session.
  • They can get immediate information about the arrest, detention, conviction, or release of members.

Functions of MLA

  1. They can, as a house legislate on any subject in the State List and Concurrent List with the required majority support.
  2. They participate in the elections to choose the president.
  3. They act as a custodian of the consolidated fund of the state.
  4. They can participate in the Constitutional Amendment Act which came under Article 368.

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